How to request a refund of a rental deposit or security guarantee in Colombia: legal guide and rights

Handing over an apartment or house for rent in Colombia is usually a critical moment for both tenants and landlords. It is common that, upon contract termination, disputes arise regarding the return of sums delivered at the start of the lease under the concept of "security deposit," "paint fund," or "damage retainer." Many tenants discover at that moment that the withholding of their money has no legal basis in residential leasing.

According to the active listings in the housing section of Colombia Move (August 20, 2026), there are 109 property and room postings. One of the most frequent questions in the community is precisely how to formalize contract termination without falling into arbitrary charges or money withholding when handing over the keys.

1. The legal truth about rental deposits in Colombia: Housing vs. Commerce

There is a widespread confusion between residential and commercial leasing. In urban housing contracts, the Colombian legal framework is categorical and mandatory:

• Urban Housing (Law 820 of 2003, Art. 16): It is expressly forbidden to demand cash deposits, real guarantees, blank signed promissory notes, or negotiable instruments to guarantee compliance with the lease contract obligations. Any contractual clause that establishes a cash deposit for housing is ineffective by operation of law (it produces no legal effect).
• Commercial Premises, Offices, and Warehouses (Commercial Code): In commercial contracts, contractual freedom applies. In this case, it is legal to agree on a monetary security deposit as long as it is stated in writing in the contract, specifying the exact conditions for its return upon termination of the lease. If you are looking to lease a business space, you can check our guide for leasing a commercial premise or office in Colombia.

2. The only permitted guarantee in housing: utility service coverage

The only event in which Law 820 of 2003 (Art. 15) and Decree 3130 of 2003 allow the establishment of a cash guarantee or bond in urban housing is to secure the final payment of invoices for household utility services (water, electricity, gas, sewage, waste collection, and telephony).

This guarantee has the exclusive objective of decoupling the property's solidarity from utility service providers. Upon contract termination, the landlord must settle these invoices with the actual consumption as of the handover date. If the tenant presents the payment receipts up to date or the proof of proportional payment for the days inhabited in the last month, the landlord must immediately return any remaining balance of that service bond.

3. Natural wear vs. attributable deterioration: what can be deducted and what cannot?

The main cause of money withholding when vacating a property is disagreements over the state of paint and finishes. The Colombian Civil Code establishes a clear distinction between two types of repairs:

• Necessary Repairs and Natural Wear (Art. 1985 of the Civil Code): These belong exclusively to the landlord. The passage of time, the sun on the paint, ordinary wear and tear of tiles or grout, obsolescence of pipes or faucets due to legitimate use CANNOT be deducted from the tenant nor be a reason to require them to paint the entire property if it was handed over in a normal state of use.
• Locative and Attributable Repairs (Arts. 1998 and 2029 of the Civil Code): These are the tenant's responsibility. They include direct damages caused by carelessness, negligence, or misuse: walls broken by non-repaired holes, paint stained with unauthorized colors, broken glass, fractured doors, or lack of extreme cleanliness that has deteriorated surfaces.

Concept of Handover	Who is responsible for it?	Is a money deduction appropriate?
Paint discoloration from 3 years of use	Landlord (Natural wear)	NO
Unrepaired and unsanded wall plug holes	Tenant (Locative damage)	YES (Actual repair cost)
Internal pipe leak in wall	Landlord (Necessary repair)	NO
Stains from non-agreed gaudy paint colors	Tenant (Unauthorized modification)	YES (Restore original color)

To delve into the limits of maintenance during the lease, check our detailed guide on repairs in leases: who pays what according to the law.

4. Step-by-step to claim the return of your money or withheld deposit

If you handed over the property and the landlord or real estate agency refuses to return the deposited or improperly charged money, you must follow this regular procedure:

Step 1: Formal written notification

Draft a formal claim letter citing Article 16 of Law 820 of 2003 and attaching a copy of the handover report and lease discharge with a photographic inventory. Demand the immediate return of the money to a bank account and set a reasonable deadline for a response.

Step 2: Request for an extrajudicial conciliation hearing

If you do not get a positive response, summon the landlord to a conciliation hearing. This procedure is free in the Casas de Justicia, Municipal Personerías, or university legal clinics in your city. The signed conciliation agreement record has executive merit (it functions like a court judgment to collect the debt).

Step 3: Administrative complaint before inspection and surveillance authorities

In Bogotá, you can file a formal complaint before the Sub-directorate of Housing Investigations and Control of the District Secretary of Habitat. In the rest of the country, go to the Local or Municipal Mayor's Office (Secretary of Government). These entities economically sanction landlords and real estate agencies that demand cash deposits in urban housing.

Step 4: Small claims judicial process

If the withholding persists and the amount owed does not exceed 40 Current Monthly Legal Minimum Wages (for 2026, the SMMLV is COP 1,750,905, which sets the minimum amount at up to COP 70,036,200), you can file a summary verbal lawsuit before a Small Claims Judge or Municipal Civil Judge. without the need to hire a lawyer.

5. How to avoid conflicts when vacating a property or listing a rental

The best way to protect your money when renting or to avoid administrative sanctions when managing a property is transparency from day one. Signing a contract in accordance with Law 820 of 2003, performing a detailed photographic inventory upon move-in, and clearly agreeing on the handling of utilities prevents months of legal discrepancies.

Frequently asked questions

❓ Is it legal for me to be required to pay a one-month cash deposit to rent an apartment in Colombia?

No, in urban housing contracts, Article 16 of Law 820 of 2003 expressly prohibits requiring cash deposits or real guarantees. Any such agreement is null and void and produces no legal effect.

❓ In which cases is it legal to charge a deposit or guarantee for a rental?

It is legal for the leasing of commercial premises or offices under the Commercial Code. For urban housing, only a security deposit to cover the payment of household utilities is permitted according to Article 15 of Law 820.

❓ Can the landlord deduct money from the deposit if I didn't paint the walls when moving out?

They cannot deduct if the paint wear is the result of the natural passage of time and legitimate use of the property. A charge is only appropriate if there is locative damage, serious stains, or color changes not authorized by the owner.

❓ Where can I report a landlord who refuses to return an illegal deposit in Bogotá?

You can file an administrative complaint with the Subdirectorate of Housing Research and Control of the District Secretariat of Habitat or go to the local Houses of Justice to request a free extrajudicial conciliation.

❓ Do I need a lawyer to sue for the restitution of my money if there was no agreement in conciliation?

You do not need a lawyer if the amount owed does not exceed 40 current monthly minimum wages. You can file a small claims lawsuit directly before a Municipal Civil Judge or a Small Claims Judge.

❓ Where can I list or search for transparent rentals without abusive intermediaries in Colombia?

You can list and search for housing or rooms for direct rent on Colombia Move, where the parties agree on the terms of delivery transparently and without hidden commissions.